Dharminder Sharma vs State of Punjab and Others

Alok Singh, J.—Vide order dated 30.9.2002 (Annexure P-9) learned District Magistrate, Ferozepur has cancelled/ revoked the Arms License granted to the petitioner on the ground that on verification by the Senior Superintendent of Police, the petitioner was not found residing at the address given in the application for Arms License; petitioner has not filed any reply to the show cause notice to the effect as to why his License should not be revoked/ cancelled for not supplying correct address in the application seeking Arms License. Appeal filed by the petitioner has been dismissed vide order dated 11.2.2003(Annexure P-11) passed by Commissioner, Ferozepur Division, Ferozepur.

Learned counsel for the petitioner has vehemently argued that no notice was either sent or received by the petitioner otherwise petitioner would have filed the reply to the show cause notice and would have submitted the documents to prove his residence at the given address.

Learned State counsel has fairly stated that even now the petitioner can submit reply to the show cause notice annexing therewith relevant documents viz. Passport, ration card or Voter identity card etc. to prove his permanent address and same shall be got verified and then fresh order can be passed on the show cause notice.

Since impugned orders were passed without there being any reply to show cause notice, therefore, petition is liable to be allowed.

Accordingly, the petition is allowed. Petitioner shall appear before the District Magistrate, Ferozepur on 12.3.2012. Learned District Magistrate shall supply the copy of the show cause notice alleged to have been issued, as shown in the impugned order, to the petitioner. Thereafter, petitioner shall file reply to the show cause notice within three weeks. The learned District Magistrate shall pass orders afresh on the show cause notice in accordance with law preferably within 90 days thereafter. Meanwhile, impugned orders shall be kept in abeyance.